Spring 2012 Class Descriptions

The US Food and Drug Administration is responsible for regulating $1 trillion worth of consumer goods, comprising nearly 25% of consumer expenditures. FDA's regulatory jurisdiction includes food, nutritional supplements, drugs, medical devices, and biologics such as vaccines and cell therapies. The agency's broad authority is guided by twin aims identified in its mission statement: (1) to protect the public health by ensuring that food and medical products are safe and effective, and (2) to advance the public health by speeding product innovations. Exploring the inevitable tension between these twin aims will be the mission of this course. Topics for this course will include: regulation and labeling of food products; regulation of dietary supplements and their structure/function and disease claims; human drug and medical device testing, approval, and marketing; and regulation of human biologics. We will place special emphasis on examining how FDA copes with emerging technologies such as neutraceuticals (food products such as pomegranate juice and "probiotic" yogurt), aquaceuticals ("functional" water and juices), genetically engineered crops, fish and animals, and human tissue transplants, gene therapy, assisted reproduction, stem cells and cloning. We will conclude with a look at FDA's enforcement powers and the limits of private citizen civil suits pursuant to FDA regulations.

This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

Note: This course may be applied as one of the three required courses for the Public Interest Law Concentration (JD).

This course will focus on the unique characteristics of Federal Criminal law. Attention will be paid to the jurisdiction of the Federal Government over criminal law as well as the individual statutes that are employed by Federal prosecutors in prosecuting a wide range of offenses. Federal prosecutions will be considered from the investigative stage, including the use of the grand jury, through the charging, plea-bargaining, trial, sentencing and appellate stages. Special consideration will be given to the increasing role of the Federal Government in prosecuting state and local corruption. This course will be especially beneficial for those students considering a career in criminal law as either prosecutors or criminal defense lawyers.

Note: Students may only elect this course or White Collar Crime to count toward the Criminal Litigation Concentration (JD).

This is a hands-on clinical course for students who wish to develop tax controversy skills. Students working under the supervision of the Tax Clinic supervising attorney will represent low income taxpayers in resolving their tax disputes with the IRS. Students will learn client interviewing skills, how to interact with IRS personnel, and how to effectively resolve a client’s federal tax dispute. Students must also be available to participate in Tax Clinic Outreach presentations at various community locations and times. The clinic is graded on a 4-tier Pass-Fail basis. Prerequisite: Tax I.

The course covers the fundamentals of bar exam essay writing and performance test writing. The first class is an introduction to bar exam components and topics. The next several classes focus on the details of essay exam writing and performance test drafting. Students will receive substantial feedback on their written work, and participate in small group sessions, self and peer review, and professor-student conferencing. Grading is on the H/P/LP/F scale. Students may be withdrawn from the course and/or given a failing grade for missing more than one class, failing to turn in any written assignments on time, or failing to complete any practice examination. Enrollment is by application only through the Office of JD Student Affairs. 3L & 4E students only.
Additional Information:Application (PDF)

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